HILL v. SHERIFF OF CLARK COUNTY No. 5643.
452 P.2d 918 (1969)
Charlotte Dean HILL, Appellant, v. SHERIFF OF CLARK COUNTY, Nevada, Respondent.
Supreme Court of Nevada.
April 11, 1969.
James D. Santini, Public Defender, and Robert N. Peccole, Asst. Public Defender, Las Vegas, for appellant.
Harvey Dickerson, Atty. Gen., Carson City, George E. Franklin, Jr., Dist. Atty., Alan R. Johns, Deputy Dist. Atty., Earl Gripentrog, Deputy Dist. Atty., Las Vegas, for respondent.
This is an appeal from a district court denial of habeas corpus. The petition for discharge from restraint was based upon the failure of the magistrate to hold a preliminary examination with in 15 days as commanded by NRS 171.196(2).
Substantial compliance with D.C.R. 21 would have been required had the instant matter been before the district court and a continuance of the trial sought by the prosecutor. Rainsberger v. State, 76 Nev. 158, 160,
In the case at hand, however, we cannot fault the justice's court for granting a six-day continuance of the preliminary examination, since it decided the matter without benefit of rule or case precedent; it follows that the district court did not err in denying habeas relief. The portion of this opinion relating to the procedure to be followed and the showing to be made in order to secure the continuance of a preliminary examination in the justice's court upon the ground of the absence of witnesses shall have application prospectively.
COLLINS, C.J., and ZENOFF, BATJER and MOWBRAY, JJ., concur.
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